How
to Cite Internet Sources and References:
COPYRIGHT
What is copyright
-
A work that is protected.
-
A work in public domain.
-
Original works of authorship
Fair use in copyright
-
Use for purposes such as:
criticism, comment, newsreporting, teaching, scholarship or research.
-
Four areas of consideration
in determining fair use of copyrighted works.
-
Purpose and character of
the use.
-
Amount of substantiality
of use.
-
Name of the protected work.
-
Impact of use on potential
market.
Purpose of use
-
Use copyrighted material
in an educational setting.
-
Commercial use is presumed
to be not a fair use.
Nature of the protected
work
-
An unpublished work is less
likely to be a fair use than use of a published work.
-
Use of a scholarly work
is more likely to be a fair use than use of entertainment works.
Impact of use on potential
market
-
Use of a work is deemed
a fair use if it does not impair the original authors ability to market
it.
TRADEMARK….
Purpose of Trademark
-
To identify the origin or
ownership of the article.
Fair use in Trademark
-
The public interest allows
competitors to make free use of the English language in describing their
goods.
-
If the defendants use is
descriptive, in good faith, and not as a trademark, it is fair use.
Considerations for Trademark
Fair Use
-
Trademarks must function
as indicators for particular goods or services.
-
If the proposed Trademark
can impair the ability of that mark to continue to function as an indicator
of origin, it is not fair use.
-
Three areas of consideration
in determining fair use of a Trademark are:
-
Descriptive use.
-
Good faith.
-
Not as a Trademark.
A good rule of thumb
is to clear any use of a Trademark with its owner.
To explore other Copyright
and Trademark issues please visit the following sites.
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